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New Railroad Track Inspection Standards Forthcoming After West Virginia Derailment Findings Released

The Federal Railroad Administration announced yesterday new upcoming rail-track standards in connection with reporting its detailed findings of the crude train derailment earlier this year in West Virginia.  The agency announced it will release a Safety Advisory, which urges closer and more detailed inspections where defects and flaws are suspected, and stronger training for rail...

Railroad Parent Companies Dismissed In Vinyl Chloride Derailment Case

In litigation arising from a train derailment and resulting release of more than 20,000 gallons of the chemical vinyl chloride, the U.S. District Court for the District of New Jersey granted summary judgment to two railroad parent companies.  The court concluded that the plaintiffs could not keep the two railroads, which held a voting interest in the switching and terminal company that...

Process Safety Reminder: Close Out Prior Investigations’ Findings And Recommendations

The process safety of Washington, D.C.’s public rail transportation system is under criticism following another derailment earlier this month.  According to The Washington Post, the track problem that caused the latest derailment had been detected a month earlier but had not been fixed.  The organization’s interim general manager said, “I don’t want to mince...

Supreme Court Asked To Clear Up Maritime Contracting Circuit Split

An ocean carrier and its on-land rail subcontractor have asked the U.S. Supreme Court to resolve the uncertainty in maritime contracting created by an apparent conflict between the Seventh Circuit and a recent Second Circuit decision that arise from the interpretation of the U.S. Supreme Court’s case of Kawasaki Kisen Kaisha, Ltd. v. Regal-Beloit, 561 U.S. 89 (2010), a case that...

Airline Faces Significant Proposed Penalties By FAA For Alleged Safety Violations

The Federal Aviation Administration announced yesterday that it was proposing a $911,000 civil penalty against a U.S. airline for allegedly operating two aircraft that were not in compliance with federal aviation regulations.  Specifically, the FAA alleges that the airline failed to inspect the cargo door skins on two regional jets at required intervals.  In 2006, the FAA determined...

Florida Court Overturns Verdict Because Railroad Had No Duty To Provide AEDs Or Train In CPR

Last week, a Florida appellate court set aside a jury’s verdict finding in favor of the estate of a railroad worker who died after suffering cardiac arrest.  The court determined that the estate failed to establish that the railroad had a duty to take preventative measures to guard against an employee suffering from cardiac arrest and failed to establish that the railroad’s...

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